BOSTON (WHDH) - Jurors met Tuesday to visit the scene of a 2018 crash in South Boston that killed a toddler and deliberate the case.
Two-year-old Colin McGrath’s nanny was pushing him in a stroller on the sidewalk in 2018 when prosecutors say Charlene Casey ran a stop sign and hit a van, sending it crashing into the toddler, his sister, and their caretaker.
Tuesday was the third day of the trial, with jurors receiving the case around 1:40 p.m. They deliberated for two hours and will be back Wednesday morning.
“The presumption of innocence is here, with Ms. Casey,” Casey’s defense attorney, Steve Boozang, said. Boozang blamed the crash on the driver of the van.
Police said the van, driven by Michael Racioppi, had the right-of-way, but it had been driving 5 mph over the speed limit.
“He was rushing, he was distracted, he was speeding,” Boozang said. “[Casey] did everything that day she was supposed to do.”
Prosecutors argued the case was more straightforward than the defense poses.
“Ladies and gentlemen, use your common sense,” prosecutor David McGowan said. “Trust your life experiences, and apply them to the evidence.”
The prosecution argued Casey stopped at the sign initially, but continued before looking both ways.
“But for Charlene Casey’s negligence, Colin McGrath would be alive,” McGowan said.
Earlier Tuesday, the court visited the site of the crash. They later heard from the defense’s witness as well, a driver on L Street, who had stopped to allow Casey to cross, and said the van was going too fast.
“The RPMs of that engine was going up,” Kevin Bui, the defense’s witness said. “Like someone was stepping on the gas. It had to have been at least going– at least– 20 above the mile limit.”
Jurors saw surveillance video from the chain reaction crash last week. The video shows the nanny pushing Colin’s stroller just before the moment of impact. People inside a nearby shop then jumped into action when they saw what happened. Prosecutors said Casey caused the crash.
Casey is charged with motor vehicle homicide and has pleaded not guilty. If convicted, Casey could face up to 5 years in prison and lose her license for 15 years.
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